September 12, 2005
A regular meeting of the City Council was held on Monday, September 12, 2005, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Pro Tem Johnson presided. The Pledge of Allegiance to the Flag was recited in unison.
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Councilmen present: |
Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
Drummond Black |
Approval of the minutes of the August 22, 2005 regular and August 29, 2005 special meetings was offered by Councilman Myers and seconded by Councilman McKeag. (Motion ADOPTED.)
ZONING PETITION
NO. 522 & 523
Assistant City Manager Jon Lynch presented Zoning Petition No. 522 to rezone property located at the south side of the parcel at 2810 E. Wheeler Street from Midland Township zoning to Residential A-4 and Zoning Petition No. 523 to rezone property located at the west side of the parcel at 2810 E. Wheeler Street from Residential A-1 to Residential A-4. A public hearing on Zoning Petition No. 522 and 523 opened at 7:13 p.m. John Rapanos spoke in favor of the rezonings. The hearing closed at 7:14 p.m. The following two ordinance amendments were then presented for consideration.
ZONING PETITION
NO. 522
The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1604
AN ORDINANCE TO AMEND
ORDINANCE NO. 1585, BEING
AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND
THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE
HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND
DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING
BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID
PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL
A-4 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1. That
the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of
Midland, is hereby amended as follows:
SEC 11 T14N R2E COM
1320 FT W & 396 FT S OF NE SEC COR, TH E 395 FT, S 120 FT, W 395 FT, N 120
FT
be, and the same
is hereby changed to Residential A-4.
Section 2. All
Ordinances or parts of Ordinances in conflict herewith are hereby repealed only
to the extent necessary to give this Ordinance full force and effect.
Section 3. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
ZONING PETITION
NO. 523
The following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1605
AN ORDINANCE TO AMEND
ORDINANCE NO. 1585, BEING
AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND
THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE
HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND
DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING
BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID
PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL
A-4 ZONING WHERE A RESIDENTIAL A-1 ZONING DISTRICT PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1. That
the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of
Midland, is hereby amended as follows:
COMMENCING
AT A POINT ON THE NORTH LINE 1080.27 FEET EAST OF THE NORTH ¼ CORNER OF SECTION
11, T14N R2E; THENCE CONTINUING ALONG SAID NORTH SECTION LINE 231.0 FEET TO THE
EAST 1/8 CORNER OF SAID SECTION 11; THENCE SOUTH ALONG THE EAST 1/8 LINE OF
SAID SECTION 11, 429.0 FEET; THENCE WEST PARALLEL TO SAID NORTH LINE OF SECTION
11, 231.0 FEET; THENCE NORTH PARALLEL TO SAID EAST 1/8 LINE, 429.0 FEET TO THE
NORTH SECTION LINE AND PLACE OF BEGINNING, BEING A PART OF THE NW ¼ OF THE NE ¼
OF SECTION 11, T14N R2E AND COMMENCING AT A POINT ON THE NORTH LINE AND 964.77
FEET EAST OF THE NORTH ¼ CORNER OF SECTION 11, T14N R2E, MIDLAND TOWNSHIP,
MIDLAND COUNTY, MICHIGAN; THENCE SOUTH PARALLEL TO THE EAST 1/8 LINE OF SAID
SECTION 11, 429.0 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SECTION
11, 115.5 FEET; THENCE NORTH PARALLEL TO SAID EAST 1/8 LINE 429.0 FEET TO THE
NORTH LINE OF THE SECTION; THENCE WEST ALONG THE SECTION LINE 115.5 FEET TO THE
PLACE OF BEGINNING.
be, and the same
is hereby changed to Residential A-4.
Section 2. All
Ordinances or parts of Ordinances in conflict herewith are hereby repealed only
to the extent necessary to give this Ordinance full force and effect.
Section 3. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
CONDITIONAL USE
PERMIT NO. 20
Assistant City Manager Jon Lynch introduced Conditional Use Permit No. 20, a request by Faulk & Foster to allow cellular antenna collocation on an existing tower at 1730 N. Saginaw Road. A public hearing opened at 7:22 p.m. Maureen VanHoven, Zoning Specialist for Faulk & Foster, spoke on behalf of the petitioners. The public hearing closed at 7:23 p.m. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:
WHEREAS, Faulk & Foster has submitted a
request for a conditional use permit review and approval to allow cellular
antenna collocation on an existing tower at 1730 North Saginaw Road; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
RESOLVED, that the City Council finds the
request for the conditional use permit to be in accord with Section 28.03 of
the Zoning Ordinance of the City of Midland, and hereby approves Conditional
Use Permit 20, in accord with documents provided and submitted at the meeting
of August 22, 2005. (Motion ADOPTED.)
2005-06 BUDGET AMENDMENT
Fiscal Services Director David Keenan presented an amendment to the 2005-06 City budgets and financial working plans to provide funding for the June 30, 2005 encumbrances. A public hearing opened at 7:33 p.m., recognizing no public comments, the hearing closed at 7:33 p.m. The following resolution was then offered by Councilman Rokosz and seconded by Councilman Myers:
WHEREAS, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing, Monday, September 12, 2005, on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Storm Water Management Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund, Downtown Development Authority Fund, and Transportation Fund for the 2005-2006 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund, and Service Center Rental Fund, for the 2005-2006 fiscal year in order to provide funding for June 30, 2005 encumbrances; now therefore
RESOLVED, that the 2005-2006 budgets and financial working plans for the
following funds be amended by increasing appropriations in the following
amounts:
City Manager $
8,904
City Assessor 7,931
City Attorney 65,772
Human Resources 34,300
Police & Fire Pension 11,640
Treasurer 49,000
City Hall 81,823
Miscellaneous 8,556
Police Administration 933
Police Patrol 48,265
Fire Fighting 72,020
Fire Maintenance 7,810
Public Works 1,050
Parks 38,261
Recreation 25,492
City Forest 20,000
Cemetery 12,169
Risk Management 4,500
Tax Appeal - MCV 50,299
Tax Appeal – Dow Chemical 721,041
Tax Appeal – General 348,200
Total General Fund $ 2,036,985
Major Street Fund
Roadway Maintenance 25,000
Traffic Services 4,653
Total Major Street Fund $
29,653
Local Street Fund
Traffic Service $ 6,067
Storm Water Management Fund
Sewer Repair $ 20,000
Grace A. Dow Memorial Library Fund
Operations $
6,995
Operations $
1,084
Downtown Development Authority Fund
Operations $ 19,053
Investment in Assets 176,972
Total Downtown Development Authority Fund $ 196,025
Transportation Fund
Investment in Assets $ 65,000
Landfill Fund
Cell Closure $ 200,000
Investment in Assets 477,469
Total Landfill Fund $ 677,469
Washington Woods Fund
Investment in Assets $
50,000
Riverside Place Fund
Operations $
12,877
Wastewater Fund
Operations $ 37,638
Investment in Assets
286,331
Total Wastewater Fund $
323,969
Water Fund
Operations $ 15,323
Water Distribution – Tower Maintenance 336,930
Investment in assets 2,185,459
Total Water Fund $ 2,537,712
Data Processing Operations Fund
Operations $ 34,627
Investment in assets
426,198
Total Data Processing Operations Fund $
460,825
Investment in assets $ 240,965
Municipal Service Center Rental Fund
Investment in assets $ 20,000
;and
RESOLVED FURTHER, the General Fund 2005-06 budget be amended by
increasing Federal grant revenue by $48,265 to re-authorize the TEAM, MACP and
Summer Enforcement Grant projects; and
RESOLVED FURTHER, the Washington Woods Fund 2005-06 financial working plan be amended by increasing operating transfer in revenue
by $50,000 to re-authorize the transfer from the CDBG fund for the purchase of
an emergency generator. (Motion
ADOPTED.)
PUBLIC COMMENTS
Fay Wood, 3501 Bay City Road, spoke regarding relocation of the Midland County Jail.
ATTENDANCE POLICY FOR MEMBERS OF BOARDS
& COMMISSIONS
City Attorney James O. Branson, III presented for second reading an amendment to Section 2-43 of Article XI of Chapter 2 of the Midland Code of Ordinances to exempt the Downtown Development Authority from the attendance policy for members of boards and commissions. The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:
ORDINANCE NO. 1606
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-243 OF ARTICLE XI OF CHAPTER 2 THEREOF.
The City of Midland Ordains:
Section 1. Sec. 2-243 is hereby amended to read as follows.
Sec. 2-243. Regular attendance by members of boards and commissions.
The position of a member of any board or commission established by the Charter or the Code of Ordinances of the city that meets more often than quarterly shall be considered vacant if such members shall miss four (4) consecutive, regular held meetings of the board or commission. Notwithstanding the foregoing, the position of a member of any board or commission established by the Charter or Code of Ordinances of the city shall be considered vacant if such member shall miss more than twenty-five (25) percent of regular meetings scheduled in any fiscal year.
Exception: The Downtown Development Authority shall be exempt from this section.
Section 2. This ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
SIGN ENFORCEMENT SECOND SUPPLEMENTAL STAFF
REPORT
City Attorney James O. Branson, III presented a supplemental staff report regarding sign enforcement issues and a resolution that authorizes Council to allow garage, rummage, and yard sale signs off premises and in the City right-of-way under certain requirements. Fay Wood, 3501 Bay City Road, suggested the City provide dry erase signs for people to use to advertise their sales. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, on July 25, 2005, upon
the request of the
WHEREAS, following the
presentation of the staff report, the
WHEREAS, on August 8, 2005 the
City
WHEREAS, following the
presentation of the staff report, the
WHEREAS, the City
RESOLVED, that the
SIGNS OFF PREMISES AND IN RIGHT-OF-WAY AUTHORIZATION
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, Section
22-2(a) of the City of Midland Code of Ordinances permits the City Council to
authorize placement of signs that serve a public interest inside the public
right-of-way; and
WHEREAS, the
WHEREAS, the
public interest lies in promoting recycling and reuse of goods sold at such
sales, and promoting sound environmental practices by diverting goods from the
City landfill; now therefore
RESOLVED, that in
accord with Section 22-2(a) of the Code of Ordinances the
; and
RESOLVED
FURTHER, that the City staff shall submit to the
iPCS, INC.
BANKRUPTCY SETTLEMENT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on February 23, 2003 iPCS, Inc., et al. (“iPCS”) filed a voluntary petition in the United States Bankruptcy Court for the Northern District of Georgia for reorganization under Chapter 11; and
WHEREAS, on March 24, 2003 the City of Midland filed a proof of claim in connection with this bankruptcy action for unpaid 2003 personal property taxes, later adding the 2004 personal property taxes, for a total amount due, including interest and penalty, in the amount of $34,787.68; and
WHEREAS, the City of Midland, along with twenty-eight (28) other Michigan municipalities, retained the services of Foster, Swift, Collins & Smith, PC (“Foster Swift”) to represent its interests in this bankruptcy action; and
WHEREAS, through negotiations and approval by the United States Bankruptcy Court, a settlement offer has been made to satisfy the outstanding debt; and
WHEREAS, Foster Swift would like to make a counter-offer on behalf of the City of Midland; now therefore
RESOLVED, that the City
KMART BANKRUPTCY SETTLEMENT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on January 22, 2002 the Kmart (“Kmart”) Corporation filed a voluntary petition in the United States Bankruptcy Court for the Northern District of Illinois for reorganization under Chapter 11; and
WHEREAS, on March 18, 2002 the City of Midland filed a proof of claim in connection with this bankruptcy action for unpaid real and personal property taxes and outstanding water bills in a total amount of $101,831.92; and
WHEREAS, since that filing Kmart has paid the outstanding real property taxes and has agreed to pay their outstanding water bills, leaving a current balance on the 2001 and 2002 personal property taxes, including interest and penalty, in the amount of $36,280.56; and
WHEREAS, through negotiations and approval by the United States Bankruptcy Court, a settlement has been reached to satisfy the outstanding debt in the amount of $20,952.93; now therefore
RESOLVED, that the City
SOCIO-ECONOMIC DATA – REGIONAL TRAVEL DEMAND
MODEL
Assistant City Manager Jon Lynch introduced Don Mayle, Transportation Planner for the Michigan Department of Transportation (MDOT), who made a presentation on socio-economic data for the City of Midland and its use in Regional Travel Demand Models created by MDOT for communities throughout Michigan. The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:
WHEREAS, the Michigan Department of
Transportation (MDOT) is currently working on developing a regional travel
demand model that will include Midland, Bay and Saginaw Counties; and
WHEREAS, MDOT has been working with city
staff to create and review the inputs for Midland’s portion of the model; and
WHEREAS, the
RESOLVED, that the City Council approves the
socio-economic data submitted for the City of Midland for use in the regional
travel demand model. (Motion ADOPTED.)
LOGAN’S ROADHOUSE LIQUOR LICENSE
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
It is the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
WATER SERVICE AGREEMENTS (LARKIN &
MILLS)
Assistant City Manager Jack Duso presented reports on Water Service Agreements for Larkin and Mills Townships. The following two resolutions were then presented for consideration.
LARKIN TWP WATER SERVICE AGMT
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Water Service Agreement between the City of Midland and Larkin Township is hereby approved and the Mayor and City Clerk are authorized to execute the same. (Motion ADOPTED.)
MILLS TWP WATER SERVICE AGMT
The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that the Water Service Agreement between the City of Midland and Mills Township is hereby approved and the Mayor and City Clerk are authorized to execute the same. (Motion ADOPTED.)
SAG/MID MUNICIPAL WATER SUPPLY CORP –
ANNUAL STATEMENTS & REPORT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the Saginaw-Midland Municipal Water
Supply Corporation Annual Financial Statements and Auditor’s Report dated June
30, 2005, with comparative figures for June 30, 2004, be received and filed in the
office of the City Clerk. (Motion
ADOPTED.)
NORTHWOOD UNIVERSITY INTERNATIONAL AUTO
SHOW
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the request from the Northwood University International Auto Show organizer to close Northwood Drive during the auto show and to use the public right of way to display directional signage, is hereby approved subject to the following conditions:
;and
RESOLVED
FURTHER, that the
CONTRACTED LEGAL SERVICES – DOW CHEMICAL
TAX APPEALS
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000,
2001, 2002, 2003, 2004 and certain 2005 assessments and taxable values of
certain property it owns in the City of Midland to the Michigan Tax Tribunal;
and
WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been
utilized in assisting the City of Midland in its defense of said appeals; and
WHEREAS, on October 25, 2004, Council authorized payments to Miller,
Canfield, Paddock & Stone for the aforementioned services in a total amount
not to exceed $7,500,000; and
WHEREAS, the cost of continuing said legal
services is expected to exceed the previously approved amount and therefore
approval of the
WHEREAS, sufficient budgetary funding exists within the 2005-2006 Legal
Fees budgets of The Dow Chemical Company Tax Appeal activity; now therefore
RESOLVED, that said services are hereby determined to be professional
services within the meaning of Section 2-19 of the Code of Ordinances and do
not require sealed proposals; and
RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection
with the aforementioned appeals is hereby authorized in a total amount not to
exceed $8,400,000. (Motion ADOPTED.)
CIVIC ARENA CHANGE ORDER #9
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Change Order #9 in the amount of $13,156.10 is hereby approved, amending the contract with Three Rivers Corporation for the Civic Arena project which was approved on August 9, 2004; and
RESOLVED FURTHER, that the Director of Public Services is hereby authorized and directed to execute the change order on behalf of the City of Midland. (Motion ADOPTED.)
POLICE CAR – FORD MUSTANG
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, bids for
police patrol cars are solicited by the State of Michigan and the City of
Midland is authorized to make purchases from the state purchasing program; and
WHEREAS,
sufficient funding for the purchase of an unmarked police patrol car is
included in the 2005-06 Equipment Revolving Fund budget for Capital Outlay,
Vehicles; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase
order to the State of Michigan’s selected vendor, Gorno
Ford of Woodhaven, Michigan in the amount of $24,995.00 for the purchase of one
2005 Ford Mustang GT with the police lighting package, all in accordance with the
State of Michigan Extended Purchasing Program proposal and specifications. (Motion ADOPTED.)
SNOW PLOW TRUCK & DUMP TRUCK
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of
Dump Trucks, Bid No. 2890; and
WHEREAS,
sufficient funding for the purchase of the dump trucks is included in the
2005-06 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now
therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase
order to Wieland Sales of Bay City, Michigan in the
amount of $145,578.51, including trade-in of city equipment numbers 3-33 and
3-65, for the purchase of one snow plow truck and one grain body dump truck in
accordance with the proposal and city specifications. (Motion ADOPTED.)
PLYMOUTH PARK POOL REMODEL PROJECT
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for the Plymouth Park
Pool Remodel, Bid No. 2874; and
WHEREAS, funding for the project has been included in the fiscal year
2005-2006 budget for Capital Outlay in the pool account; now therefore
RESOLVED, that the Mayor and City Clerk are authorized to sign a
contract with Three Rivers Construction in the amount of $664,890.00; and
RESOLVED FURTHER, that the City
COMPACTOR WHEEL CAP REPLACEMENT - LANDFILL
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City of Midland Landfill utilizes a large compactor to chop and compress refuse into the smallest possible space to extend the life of the landfill, and is accomplished by utilizing two compactors, a Bomag 771RB (80,00 lbs) and a Bomag 1172RB (120,000 lbs.); and
WHEREAS, to compress the refuse,
the compactors utilize solid steel wheels with metal teeth, or caps that lose compaction effectiveness as the teeth wear;
and
WHEREAS, the replacement cap set design for the Bomag 771RB is a patented, sole source product that can be provided and installed by the regional distributor, Midland Engine, Inc. at a cost of $32,130.00 for 220 sets; and
WHEREAS, sufficient funds are available in Landfill Fund capital account #517-9120-912.97-30 – Capital Equipment; now therefore
RESOLVED, that in accord with Code Section 2-18, the requirement for sealed competitive proposals is hereby waived as impractical, and a purchase order is authorized to Midland Engine, Inc. in the amount of $32,130.00 for supply and installation of replacement wheel cap sets for the Bomag 771RB compactor; and
RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $5,000.00. (Motion ADOPTED.)
NEW BUSINESS - VOTING DELEGATES FOR MML
ANNUAL MEETING
City Manager Karl Tomion reviewed information on the appointments of Council Members as delegates to the Michigan Municipal League’s annual meeting. The following resolution was then offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Bruce A. Johnson, Mayor Pro Tem, is designated as a voting delegate and Joseph M. Rokosz, Councilman, is designated as an alternate voting delegate from the City of Midland to the September 21, 2005, business session of the Annual Business Meeting of the Michigan Municipal League. (Motion ADOPTED.)
CLOSED SESSION
The following resolution was offered by Councilman Myers and seconded by Councilman Rokosz:
RESOLVED, that in accord with
Sections 8(d), and 8(e) of Public Act 267 of the Public Acts of the State of
Michigan of 1976, as amended, and upon adoption of this resolution by at least
four affirmative votes of the
Being no further business the meeting adjourned to a closed session at 9:24 p.m.
______________________________________
Selina Tisdale, City